Bill C-3
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-3 |
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An Act respecting DNA identification and to
make consequential amendments to the
Criminal Code and other Acts
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SHORT TITLE |
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Short title
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1. This Act may be cited as the DNA
Identification Act.
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INTERPRETATION |
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Definitions
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2. The definitions in this section apply in
this Act.
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``Commission
er'' « commis- saire »
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``Commissioner'' means the Commissioner of
the Royal Canadian Mounted Police.
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``designated
offence'' « infraction désignée »
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``designated offence'' means a primary
designated offence or a secondary
designated offence, within the meaning of
section 487.04 of the Criminal Code.
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``DNA'' « ADN »
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``DNA'' means deoxyribonucleic acid.
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``DNA
profile'' « profil d'identifica- tion génétique »
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``DNA profile'' means the results of forensic
DNA analysis of a bodily substance.
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``forensic
DNA
analysis'' « analyse génétique »
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``forensic DNA analysis'', in relation to a
bodily substance, means forensic DNA
analysis of the bodily substance.
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``young
person'' « adoles- cent »
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``young person'' has the same meaning as in
subsection 2(1) of the Young Offenders Act.
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PURPOSE |
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Purpose
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3. The purpose of this Act is to establish a
national DNA data bank to help law
enforcement agencies identify persons
alleged to have committed designated
offences, including those committed before
the coming into force of this Act.
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PRINCIPLES |
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Principles
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4. It is recognized and declared that
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NATIONAL DNA DATA BANK |
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Establish- ment
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5. (1) The Solicitor General of Canada
shall, for criminal identification purposes,
establish a national DNA data bank,
consisting of a crime scene index and a
convicted offenders index, to be maintained
by the Commissioner.
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Commissio- ner's duties
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(2) The Commissioner's duties under this
Act may be performed on behalf of the
Commissioner by any person authorized by
the Commissioner to perform those duties.
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Crime scene
index
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(3) The crime scene index shall contain
DNA profiles derived from bodily substances
that are found
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Convicted
offenders
index
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(4) The convicted offenders index shall
contain DNA profiles derived from bodily
substances described in subsection 487.071(1)
of the Criminal Code.
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Other
information
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(5) In addition to the DNA profiles referred
to in subsections (3) and (4), the DNA data
bank shall contain, in relation to each of the
profiles, information from which can be
established
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Communica- tion of information
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6. (1) On receipt of a DNA profile that is
transmitted under subsection 487.071(1) of
the Criminal Code or under subsection 10(3)
for entry in the DNA data bank, the
Commissioner shall compare it with the DNA
profiles in the data bank in order to determine
whether it is already contained in the data
bank and may then communicate, for the
purposes of the investigation or prosecution of
a criminal offence, the following information
to any Canadian law enforcement agency or
laboratory that the Commissioner considers
appropriate:
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Authorized
users
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(2) Information as to whether a person's
DNA profile is contained in the convicted
offenders index may be communicated to an
authorized user of the automated criminal
conviction records retrieval system
maintained by the Royal Canadian Mounted
Police.
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Foreign law
enforcement
agencies
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(3) On receipt of a DNA profile from the
government of a foreign state, an international
organization established by the governments
of states or an institution of any such
government or international organization, the
Commissioner may compare the DNA profile
with those in the DNA data bank in order to
determine whether it is already contained in
the data bank and may then communicate
information referred to in subsection (1) to
that government, international organization or
institution.
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Communica- tion of DNA profile
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(4) The Commissioner may, on the request
of a law enforcement agency in the course of
the investigation of a designated offence,
communicate a DNA profile contained in the
crime scene index to the government of a
foreign state, an international organization
established by the governments of states or an
institution of any such government or
international organization.
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Agreement or
arrangement
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(5) Subsections (3) and (4) apply only if the
Government of Canada or one of its
institutions has entered into an agreement or
arrangement, in accordance with paragraph
8(2)(f) of the Privacy Act, with that
government, international organization or
institution, as the case may be, authorizing the
communication solely for the purposes of the
investigation or prosecution of a criminal
offence.
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Unauthorized
use
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(6) No person who receives a DNA profile
for entry in the DNA data bank shall use it or
allow it to be used other than for the purposes
of the administration of this Act.
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Unauthorized
communi- cation
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(7) No person shall, except in accordance
with this section, communicate or allow to be
communicated a DNA profile that is
contained in the DNA data bank or
information that is referred to in subsection
(1).
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Access to
information
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7. Access to information contained in the
DNA data bank may be granted to
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Unauthorized
use of
information
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8. No person to whom information is
communicated under subsection 6(1) or who
has access to information under paragraph
7(a) or (b) shall use that information other than
for the purposes referred to in that subsection
or those paragraphs.
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Crime scene
index
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8.1 Access to the information in the crime
scene index shall be permanently removed, in
accordance with any regulations that may be
made under this Act, if the information relates
to a DNA profile derived from a bodily
substance of
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Information to
be kept
indefinitely
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9. (1) Subject to subsection (2) and the
Criminal Records Act, information in the
convicted offenders index shall be kept
indefinitely.
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Access to
information to
be
permanently
removed
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(2) Access to the following information in
the convicted offenders index shall be
permanently removed without delay after
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Storage of
bodily
substances
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10. (1) When bodily substances are
transmitted to the Commissioner under
subsection 487.071(2) of the Criminal Code,
the Commissioner shall, subject to this
section, safely and securely store, for the
purpose of forensic DNA analysis, the
portions of the samples of the bodily
substances that the Commissioner considers
appropriate and without delay destroy any
remaining portions.
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Change in
technology
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(2) Forensic DNA analysis of stored bodily
substances may be performed if the
Commissioner is of the opinion that the
analysis is justified because significant
technological advances have been made since
the time when a DNA profile of the person
who provided the bodily substances, or from
whom they were taken, was last derived.
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Transmission
of DNA
profile
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(3) Any DNA profile that is derived from
stored bodily substances shall be transmitted
to the Commissioner for entry in the convicted
offenders index and no person shall use such
a DNA profile except to transmit it under this
subsection.
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Access
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(4) Access to stored bodily substances may
be granted to any person or class of persons
that the Commissioner considers appropriate
for the purpose of preserving the bodily
substances.
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Use of bodily
substances
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(5) No person shall transmit stored bodily
substances to any person or use stored bodily
substances except for the purpose of forensic
DNA analysis.
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Later
destruction
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(6) The Commissioner may at any time
destroy any or all of the stored bodily
substances if the Commissioner considers that
they are no longer required for the purpose of
forensic DNA analysis.
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Mandatory
destruction in
certain cases
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(7) The Commissioner shall nevertheless
destroy the stored bodily substances of a
person without delay
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Where pardon
granted
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(8) Despite anything in this section, stored
bodily substances of a person in respect of
whom a pardon, within the meaning of section
2 of the Criminal Records Act, is in effect shall
be kept separate and apart from other stored
bodily substances, and no such bodily
substance shall be used for forensic DNA
analysis, nor shall the existence of such a
bodily substance be communicated to any
person.
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Offence
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11. Every person who contravenes
subsection 6(6) or (7), section 8 or subsection
10(3) or (5)
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